Last reviewed: July 4, 2026
New York adopted no-fault divorce in 2010, making it the last state in the country to do so. Before the change, one spouse had to allege fault (such as abandonment, cruelty, or adultery) to file for divorce. Today, you only need to state under oath that the marriage has been irretrievably broken for at least six months. This is the most common ground for divorce in New York today.
Divorce in New York is governed by the Domestic Relations Law (DRL). The process involves resolving several issues: property division, child custody, child support, spousal maintenance, and attorney fees. Some couples resolve everything through negotiation or mediation and present the court with a settlement agreement. Others require litigation, which is longer and more expensive.
According to the New York State Division of Criminal Justice Services, there were over 118,000 divorce filings in New York in a recent year. The majority were uncontested. Understanding the process before you begin can help you avoid common mistakes and reduce both cost and stress.
You cannot file for divorce in New York unless at least one spouse meets the residency requirement. The rules are specific:
If neither spouse meets the residency requirement, you must file in a state where you do qualify. Residency is determined at the time of filing, not when you separated.
New York Domestic Relations Law Section 170 lists several grounds for divorce:
| Ground | Description | Common? |
|---|---|---|
| No-fault (DRL 170(7)) | Marriage irretrievably broken for 6+ months | Yes - most common |
| Abandonment | Physical or constructive abandonment for 1+ year | Rare |
| Cruel and inhuman treatment | Conduct endangering physical or mental health | Uncommon |
| Adultery | Spouse committed adultery (requires proof) | Uncommon |
| Imprisonment | Spouse imprisoned for 3+ years | Rare |
| Legal separation | Couple legally separated for 1+ year under agreement | Uncommon |
The no-fault ground under DRL 170(7) accounts for the vast majority of filings. It requires no proof of wrongdoing, only a sworn statement that the marriage has broken down beyond repair for at least six months.
An uncontested divorce means you and your spouse agree on all issues: property division, child custody, child support, spousal maintenance, and attorney fees. You file a settlement agreement with the court, and a judge reviews it for fairness before signing the divorce judgment. This is faster, cheaper, and less stressful.
The New York court system provides free forms for uncontested divorces at nycourts.gov/divorce. You can complete the paperwork yourself if your case is simple. Many people still use a lawyer or mediation service to make sure the agreement is fair and complete.
A contested divorce means you and your spouse disagree on one or more issues. The court must resolve these disputes through negotiation, mediation, or trial. Contested divorces are significantly more expensive and can take a year or longer.
Most contested cases settle before trial. The court typically requires parties to attend a preliminary conference, exchange financial disclosures, and attempt settlement through court-annexed mediation or a neutral evaluation before a trial date is set.
| Factor | Uncontested | Contested |
|---|---|---|
| Cost (attorney fees) | $3,000-$5,000 | $15,000-$50,000+ |
| Timeline | 3-6 months | 1-2 years |
| Court appearances | Minimal or none | Multiple |
| Emotional stress | Lower | High |
| Control over outcome | You decide together | Judge decides |
New York is an equitable distribution state. This does not mean equal. It means fair, based on the circumstances of the marriage and the parties. Marital property (assets acquired during the marriage) is subject to division. Separate property (assets owned before marriage, inheritances, and personal injury awards) generally stays with the original owner.
Note that separate property can become marital property if it is commingled. For example, if you deposit an inheritance into a joint bank account and use it for household expenses, the court may treat it as marital property.
Under DRL Section 236(B), the court considers:
Custody decisions are based on the best interests of the child. New York courts consider many factors, including each parent's ability to provide a stable home, the child's relationship with each parent, each parent's work schedule, any history of domestic violence or substance abuse, and the child's own preferences if they are old enough to express a reasoned opinion.
If one parent has sole physical custody, the other parent typically receives visitation. Standard visitation often includes alternate weekends, one or two weekday evenings, and shared holidays. The court can order a specific schedule if parents cannot agree.
In cases involving domestic violence, substance abuse, or other safety concerns, the court may order supervised visitation, where visits take place at a designated facility with a professional supervisor present.
New York uses the Child Support Standards Act (CSSA) to calculate child support. The formula is based on the combined parental income and the number of children:
| Number of Children | Percentage of Combined Parental Income |
|---|---|
| 1 child | 17% |
| 2 children | 25% |
| 3 children | 29% |
| 4 children | 31% |
| 5+ children | 35% or more |
The percentage applies to combined parental income up to a cap, which is adjusted periodically. For income above the cap, the court has discretion to apply the formula or deviate based on specific factors. The non-custodial parent pays their share to the custodial parent.
In addition to basic child support, parents must share costs for:
You can estimate your child support obligation using the New York Courts child support calculator.
New York reformed its maintenance law in 2015 to use a formula-based approach. There are two types of maintenance: temporary (during the divorce process) and post-divorce (durable maintenance after the divorce is final).
The court calculates temporary maintenance by taking 40% of the higher-earning spouse's income minus 25% of the lower-earning spouse's income. The result cannot exceed 40% of the combined income. The income cap for maintenance calculations is $192,000 per year (as of 2024, adjusted every two years).
For post-divorce maintenance, the court uses a similar formula but also considers advisory factors including:
| Marriage Length | Maintenance Duration (as % of marriage) |
|---|---|
| 0-15 years | 15-30% |
| 15-20 years | 30-40% |
| 20+ years | 35-50% |
For example, if you were married for 10 years, maintenance might last 1.5 to 3 years. If married for 25 years, it could last 8.75 to 12.5 years. The court has discretion to deviate from these guidelines with a written explanation.
| Expense | Uncontested | Contested |
|---|---|---|
| Filing fees | $335-$400 | $335-$400+ |
| Attorney fees | $3,000-$5,000 | $15,000-$50,000+ |
| Mediator fees | $500-$3,000 | N/A |
| Expert witnesses | Rare | $2,000-$10,000+ |
| Total (typical) | $3,000-$5,000 | $20,000-$50,000+ |
| Timeline | 3-6 months | 1-2 years |
If you cannot afford an attorney, New York provides resources through NY Courts Help Center and legal aid organizations. Low-income parties may also request that the court order the other spouse to contribute to attorney fees under DRL Section 237.
You or your spouse must have lived in New York for at least one year before filing, or two years in some cases. The one-year requirement applies if you were married in New York, lived in New York as a married couple, or the grounds for divorce occurred in New York. If none of these conditions are met, the two-year rule applies. See NY Courts Divorce Information for details.
No. New York follows equitable distribution, which means property is divided fairly but not necessarily equally. The court considers factors such as each spouse's income, the length of the marriage, each party's contributions (including homemaking and child-rearing), and their future financial prospects when determining what is fair. A 50/50 split is possible but not guaranteed.
New York uses the Child Support Standards Act (CSSA). The basic formula applies a percentage to combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% or more for five or more children. The cap on combined parental income is adjusted periodically. Parents also share healthcare, childcare, and education costs proportionally.
Yes, you can file for an uncontested divorce without a lawyer. The New York court system provides free DIY forms at nycourts.gov/divorce. However, if you have children, significant assets, a business, or any disagreement with your spouse, consulting an attorney is strongly recommended. Mistakes in settlement agreements can be difficult and expensive to fix later.
An uncontested divorce in New York typically takes 3 to 6 months from filing to final judgment. The timeline depends on how quickly documents are filed, whether the court has a backlog, and whether all paperwork is completed correctly the first time. Some counties process cases faster than others.
Legal custody refers to the right to make major decisions about a child's education, healthcare, and religion. Physical custody refers to where the child lives on a day-to-day basis. Both types can be sole or joint. New York courts generally prefer joint legal custody when both parents are fit and able to cooperate, but sole physical custody with one parent is more common, with the other parent receiving visitation.
Ask the AI legal advisor for personalized guidance on your New York divorce situation, or consult a licensed family law attorney.